Business LAW 1

The general rule in the law in the United States is that any person may be disinherited or excluded from sharing in the estate of a decedent Are there any exceptions to this general rule ? Yes , there are exceptions to this rule . In many states , a spouse cannot be disinherited . Florida is an example of a state which has a forced inheritance for a surviving spouse (Fla . Stat . 732 .201 . The amount of the `elective share ' in Florida is thirty percent of the elective estate (Fla . Stat . 732 .2065 . Many states which follow

community property laws do not allow for the disinheriting of a spouse 's share of community property

Also , some states do not allow minor children to be disinherited Again , Florida has such a protection via Fla . Stat . 732 .4015 , which prohibits homestead real property to be devised when the decedent is survived by a spouse or minor child . Louisiana has a unique forced heirship ' law which prohibits the disinheriting of a minor child defined as any child under the age of 23 or mentally or physically incapacitated (LA . Civ . Code Art . 1493

There are other instances in which one cannot be disinherited . One example of this occurs when a right to inherit arises out of a contractual obligation of the decedent

Does Jill Gates have an interest in Joey Joe 's estate ? Why or why not

Whether or not Jill Gates has an interest will depend on the laws of state that Joey Joe died in . In...